Top Story with Tom Llamas - Thursday, May 16, 2024

Episode Date: May 17, 2024

Tonight's Top Story has the latest breaking news, political headlines, news from overseas and the best NBC News reporting from across the country and around the world. ...

Transcript
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Starting point is 00:00:00 Tonight, confronted in court, Michael Cohen accused of lying again, but this time in the hush money case where he's the star witness. Cohen caught off guard as the defense accuses him of line about a critical part of the case. A phone call with Trump he says happened, but now is being called into question. And the chance to see Cohen cross-examined, one of the hottest tickets in New York City. A front row seat to the historic trial fetching a staggering $1,800. Why some are paying up. Plus, we'll tell you if we're getting closer to jury deliberations. Also breaking tonight the Biden tapes. The president asserting executive privilege over the audio interview about his handling of classified documents. That interview key to a report which called Biden
Starting point is 00:00:50 an elderly man with a poor memory. The transcript is out, so why not release the tapes? House lawmakers threatening to hold A.G. Merrick Garland in contempt, but Garland says releasing the tapes would hinder his department's ability to pursue future investigations. Neighborhood War Zone terrifying security cam video showing a nighttime gunfight with high-powered weapons, families ducking for cover as a barrage of bullet strike homes and cars. Trapped on board the crew of that ship that brought down the Francis Scott Key Bridge in Baltimore, or stuck below deck for seven weeks. It's because of the top of the ship
Starting point is 00:01:29 is considered a crime scene. Nearly two dozen crew members on that ship, even as this happened, parts of the bridge line on top of it detonated. Their union says it's enough to drive someone mad. So when will they be allowed back on land? Save from the subway, a man suffers a medical emergency and falls onto the tracks,
Starting point is 00:01:51 the officers who risked their own lives to save his just before. before that train pulled in. Plus a viral chip challenge leaves a team dead. An autopsy confirming the extra spicy tortilla chip was partly to blame. How your kids could still get their hands on one despite them being ripped from store shelves.
Starting point is 00:02:10 And you'll meet a man about to be immortalized by AI. He has a terminal illness just weeks to live what he's doing so his family can hear him for years to come. Top story starts right now. Good evening. Did the defense and former President Trump's hush money case prove their point today? Trump's attorneys cracking open at the core of their case. Challenging key witness Michael Cohen's testimony. In that tense back and forth, Trump's attorney focusing in on a phone call, Cohen recalled about the moment he told Trump the hush money payment for Stormy Daniels was a done deal. But Trump's defense claiming, the night that call was made.
Starting point is 00:02:55 was not about the payment at all, saying that was a lie. The defense spending much of the day working to undermine Cohen's credibility and paint him as a man with a vengeance. And turns out this courtroom drama is one people are willing to shell out big bucks for. It's the hottest ticket in town. The first person in line today, get this, paid someone $1,800 to save their spot starting last night, and another woman was offering up her place in line for $450. Today, marked the largest showing of GOP lawmakers offering up their support for the former president.
Starting point is 00:03:30 The trial quickly devolving into a test of loyalty, especially for some who hope their name is next to his on that presidential ticket. Earlier this morning, Trump's speaking with our NBC affiliate in Wisconsin with a little insight about when Hill announces running mate. I don't say anything's 100%, but you're getting pretty close. I'll be doing it in Milwaukee. Now, back in the courtroom, Trump seemingly giving his lawyer the nod of a problem. for how he went after his former fixer today. NBC's Laura Jarrett was there as well. She starts us off tonight. Tonight, Star Prosecution Witness Michael Cohen facing a scathing second day of cross-examination.
Starting point is 00:04:08 As former President Trump's defense team tries to paint him as a spurned former employee, desperate for payback. I truly fucking hope that this man ends up in prison. The jury hearing Cohen on his podcast appearing in search of vengeance. Revenge is a dish best served cold. And you better believe I want this man to go down and rot inside for what he did to me and my family. Tension in the room building to a dramatic moment, Trump attorney Todd Blanche, accusing Cohen of lying about a key part of his testimony. Just two days ago, Cohen telling the jury unequivocally that Mr. Trump's bodyguard, Keith Schiller, passed the phone to Mr. Trump on October 24, 2016, at 8.02 p.m.
Starting point is 00:04:50 Cohen says he informed Mr. Trump at the time the deal to pay off Stormy Daniels would be done. done. Blanche today raising his voice saying, that was a lie. Showing the jury never before seen text messages suggesting the call was for another purpose entirely. Cohen had earlier reached out to Schiller for help, dealing with a 14-year-old prank caller, and Schiller texted back, telling Cohen to call him. Logs show a call on October 24th that lasted just 97 seconds. The defense's clear implication, the phone was never passed to Mr. Trump. Cohen appearing blindsided. Blanche grilling him. That was a lie. You did not talk to President Trump. You talked to Keith Schiller. You can admit it. Cohen responding, no, sir, I don't know
Starting point is 00:05:37 that it's accurate. Cohen adding, I believe I also spoke to Mr. Trump about the Stormy Daniels matter. Blanche shooting back, we are not asking what you believe. This jury does not want to hear what you think happened. Cohen's credibility key to the state's case, as he is the only one who has testified the former president had advanced knowledge of the plan to pay off Daniels to protect his campaign and then signed off on a scheme to pay Cohen back, allegedly falsifying business records to disguise his reimbursements. Mr. Trump has pleaded not guilty, as his defense attorneys have argued nothing was falsified. And once again, challenging prosecutors' theory today that the former president only cared
Starting point is 00:06:19 about shielding his campaign from Daniel's damaging story. Blanche pushing Cohen about Mr. Trump's reaction the first time the former president learned of Daniel Shoppinger's story. Blanche asking, the first thing that President Trump said to you was that his family wouldn't like that very much. Cohen saying, that's true. The self-described former Trump fixer turned foe, maintaining his composure on the stand when pressed at length about his criminal history.
Starting point is 00:06:47 Cohen has been convicted of lying under oath and disbarred. The defense, arguing he has a motivation to lie. now and a history of doing it. Quote, you lied under oath, correct? Blanche asking him, yes, sir, Cohen says. The defense today saying Cohen is also not telling the full story about his desire for a White House job, which Mr. Trump never offered him. You were disappointed that after all the work that you had done for President Trump for nine and a half years, nobody, including President Trump, offered you a position in the White House, Blanche asked. That's not accurate, Cohen said.
Starting point is 00:07:19 I think it was a very interesting day, it was a fascinating day, and it shows what a scam this whole thing is. Laura joins us tonight from outside that courthouse in Lower Manhattan. So, Laura, walk us back through that moment that you described in your report there, the moment where the defense attorney said that was a lie to Michael Cohen. How did that play out? Tom, I got to tell you, it was riveting in the courtroom, although it might have been more riveting for us in the audience than the jury. They were pretty inscrutable. Some of them smirking a little bit, but for the most part, we were all riveted because this is a story we've never heard before.
Starting point is 00:07:57 Cohen's forced to admit he didn't even see these text messages with Keith Schiller in his preparation with prosecutors. That's astounding. It's so rare to have a key witness like this admit on the stand that they're essentially caught flat footed. Now, we'll see how he gets rehabilitated when he gets back on the stand with prosecutors for more redirect. But I got to tell you that he really, I think they had a huge blow on this. one piece of really key testimony about this call with the former president, Tom. Yeah, I'd like to hone in on that, right, because I think you said it best there, he's the key witness. He was caught flat-footed. How do you think, I know you can't read their minds, but how do you think that would resonate with the jury? Because, you know, part of the defense
Starting point is 00:08:36 is that this guy's a liar and you can't believe him. Yeah. Well, the whole case doesn't come down to this one call, Tom. But the problem is that they spent the better part of the morning walking him through a whole bunch of other lies, a history of lies, which he for the most part admitted. And so then to have this come after you obviously established that this person has been lying for years, I think is a really tough blow. And even if, even if for whatever reason the prosecutors are able to establish that he's actually not lying and that for whatever reason he was actually talking about Stormy Daniels at the same time as talking about this print caller on that call, they've just cast into doubt that he's a reliable narrator on.
Starting point is 00:09:17 on all of these Carl calls that took, really, these took place years ago. And he's saying he has a distinct memory of these, but yet key details are now called into question. So you reminded us that prosecutors will get another chance with Michael Cohen. Do you think this changes the timeline at all? And when could possibly the jury start liberating?
Starting point is 00:09:38 This doesn't change the timeline, but there could be a wrinkle here in that the defense is still mulling whether to call an expert witness, because so much testimony, came in, Tom, on direct about alleged campaign violations, even though this is not a campaign finance case. The jury heard a lot about that. The defense is concerned. And so they're still mulling whether they want to call an expert witness. And they also revealed today they're still
Starting point is 00:09:59 mulling whether to put Mr. Trump on the stand, which I think is highly unlikely. But those are some complicating factors. And they could elongate the timeline here. But the judge saying very clearly these lawyers need to be ready with their closing arguments by Tuesday, Tom. All right. It is moving fast. Laura Jarrett, we thank you for that. For more of what happening in court today as Trump's hush money trial concludes for the week. I want to bring in Duncan Levin. He's a criminal defense attorney and a former Manhattan prosecutor who's been following this place closely for us. Duncan, what do you think about the moment today in court where Todd Blanche accuses Michael Cohen saying that was a lie? Well, they scored some points on the
Starting point is 00:10:35 cross-examination on Tuesday before they got a day off, and it was meandering, and they spent a lot of time establishing that Michael Cohn's a liar. He's a lying liar, and both sides are going to get up and say that. What was effective today that the defense did, I think, was they established that Michael Cohn was lying to this jury, that he was lying on the very stand to this very jury in a few different ways, but there's a phone call that took place on October 24, 2016, that was testified by Michael Cohn on direct examination to be the time that he spoke with Keith Schiller, who's the body man to Donald Trump, and Donald Trump about Stormy Daniels. But as it turns out, the defense...
Starting point is 00:11:15 Yeah, that was the critical moment. That was the conversation. It was right here. Yes. And what happened? Well, the defense found some text messages that immediately preceded that phone call, that Michael Cohen had reached out to Schiller and said, actually, there's some young girl who's been harassing me, and he writes back, call me.
Starting point is 00:11:34 And then they have a 90-second phone call. And so it really undermined this claim that they had a conversation about Stormy Daniels and the president was on it and it just doesn't make sense and it really undermined that key piece of evidence. Could prosecutors just say, okay, so maybe he got the day wrong, but it still happened, or have they lost that argument? I think that's exactly right. That's exactly what they have to do. And frankly, I lay it more at the blame of the prosecution than Cohen. They did not need to elicit from Cohen that specific date, that specific call. They could have just said, did you talk at some point? to Mr. Trump about Stormy Daniels, yes. And they did not need to narrow it to that specific phone call without any receipts about it. So you have the phone call, snafu today. Alan Weisenberg, the bookkeeper, he will not testify in this case.
Starting point is 00:12:21 They're going to have to explain that. And then, you know, some people have said, I know you have a different theory, that there's no smoking gun here, right? So are any of those three, all of them together, does that so reasonable doubt with at least one juror? Well, the defense is going to argue that Alan Weisselberg and Michael Cohn did this themselves, that Donald Trump, their client had nothing to do with it. He was unaware of the falsification of the business records. I think they have to contend with the fact that Alan Weisselberg's handwriting is quite literally and figuratively all over this case. There is an exhibit that if you want a smoking gun, it's exhibit 35 and 36, and it is a
Starting point is 00:12:58 basically on First Republic letterhead. It is a state, it's a statement from... You have it with you, you brought, yeah. Yes. I mean, this is a copy of it, obviously. But this is a... This is the smoking gun for you. For me, this proves the falsification of the business records on its face because it shows not only these $130,000 payments, but it shows that they were grossed up for taxes, meaning they were not a reimbursement to Michael Cohn. But that's not Donald Trump's handwriting.
Starting point is 00:13:25 It's not, but Donald Trump, they've already established, is somebody who's penny-pinching. He doesn't pay things. They introduced excerpts from his book, Think Like a Billionaire and How to Be Rich. Earlier in this trial, they established that he's the kind of guy who was negotiating things down to the paper clip. And so even without Michael Cohn, they will stand up in front of the jury and they will say, do you really think that this guy who's not paying anybody, who's penny pinching, who's negotiating everything, a mom and pop store, he knew everything that was going on, was
Starting point is 00:13:55 signing these $35,000 checks to Michael Cohen, and they didn't know what that was. But the flip side is, before all of this, he wasn't president of the United States. When he's signing those checks, he is. Couldn't they say he's got a lot on his money? He's just going, boo! I'm going to sign these checks, and let me take care of running the free world? The DA's office called Madeline Westerhawk,
Starting point is 00:14:13 who was at the time... Assistant, yeah. Mr. Trump's personal assistant in the White House who talked about some of the secrecy surrounding those checks. They were sent to his body man's address off of the White House campus at his personal home.
Starting point is 00:14:27 They were brought over. The NDA was done in secret, it had secret names in it, the secrecy surrounding that. Trump had to know, essentially. That there's just no way he didn't know what he was signing. There's no invoicing. But the thing is, it's a very circumstantial case without Michael Cohn.
Starting point is 00:14:43 With Michael Cohn, he is convicted with three words. He approved it. And that is what Michael Cohn testified to. So without Michael Cohn, the DA's office has a lot to argue. There are all these breadcrumbs along the way that corroborate what he's saying. With Michael Cohn, it's a slam dunk. So the question for the jury, and both sides are going to argue... It's a slam dunk even though the guy is a history of line,
Starting point is 00:15:03 even though his brand is literally as a liar? I mean, some people would say? It is a slam dunk if they credit what Michael Cohn is saying. The jurors. The jurors. If you were defending Donald Trump and you've defended a lot of very high-profile people in cases just like this,
Starting point is 00:15:16 would you put up a defense? I would put up, certainly, an election law expert if I could, to undermine this core contention that giving money to Stormy Daniels somehow violated the federal election laws, because I think that is a question. That may be, and that's something that was being addressed in front of the judge today.
Starting point is 00:15:33 And there's not a lot for them to do other than poke holes in the case. The problem with the defense is they have not really given an alternate explanation for any of this. They're just poking holes. And then finally, you have a theory. You think that once the jury gets this in their hands, it's going to be a very quick deliberation. Why? I think that they will see through the holes that were poked at Michael Cohn today and on Tuesday, that while he is a liar and he has lied to everybody, that,
Starting point is 00:16:03 What he's saying is corroborated by the testimony of all of the other witnesses in so many different ways, that whereas he is a liar, he's somebody who's on this one core issue is telling the truth. I think they will credit it. And given that, I think the DA's office has really established all of the core elements of this crime beyond a reasonable doubt. Duncan Levin, we thank you so much for being here and explaining all that for us. Our other major headline tonight that we're following, President Biden, using executive privilege to block the release of audio recordings. of his interview with special counsel Robert Herr. That investigation into his handling of classified documents, not yielding any charges.
Starting point is 00:16:41 But in his report, Her painted Biden as, quote, an elderly and diminished man in large part because of that interview and his memory. When the report was first published, Biden's team touted his openness and its release. Here's what the White House counsel spokesperson, Ian Sams, said at the time. He didn't exert executive privilege
Starting point is 00:16:59 over any contents of the report. He was transparent. he had nothing to hide. But earlier today, Attorney General Merrick Garland, who recommended Biden use executive privilege, had this to say about why he advised Biden to block the House Republicans' request for those recordings. We have gone to extraordinary lengths
Starting point is 00:17:18 to ensure that the committees get responses to their legitimate requests. But this is not one. To the contrary, this is one that would harm our ability in the future. to successfully pursue sensitive investigations. For more on this move from President Biden, I do want to bring in tonight.
Starting point is 00:17:40 NBC News, Justice and Intelligence Correspondent, Ken DeLani, who's done a lot of reporting on this. Ken, let's just break this down and make this as simple as we can for our viewers. What is the White House's explanation for this? Because we know the transcript has been released. We know what her said. We know what Biden said.
Starting point is 00:17:57 Right. So the White House is really relying on the Justice Department, which is saying that they are recommended, the exerting of executive privilege because they say it would, the release of this audio would inhibit future interviews with, for example, White House officials who would fear that their voice and their, the recording of the interview would then be broadcast to the world and used potentially against them. And so therefore, it would inhibit a law enforcement investigation and they think that
Starting point is 00:18:24 it should be kept from the public. There's really two things going on here, Tom. One, Merrick Garland is legitimately frustrated with House Republicans. He thinks their motives are not pure here. He thinks that they just want to take this recording and chop it up and make it into campaign ads, which is pretty logically the case. But there's also an issue of the public records law. There's a Freedom of Information Act in this country,
Starting point is 00:18:48 and NBC News and other news organizations have actually sued the Justice Department and argued that this audio is manifestly a public record, especially because they've released the transcript. So there really can be no reason to keep the audio secret while releasing the transcript. And the lawsuit argues that audio actually adds something to the public's understanding of this very important interview because of intonation and tone and pauses. And it's really important to evaluate Robert Heur's characterization of the president's memory as the president is running for re-election. So that's the position of the news organizations who say this is a public record. The fact that President Biden has exerted executive privilege makes that much more complicated.
Starting point is 00:19:29 now because now there's going to be litigation over whether the executive privilege is valid. We should also remind viewers that the Biden administration, the White House, even the president himself, have not necessarily been truthful about this interview. They accused the U.S. attorney of first bringing up the president's deceased son when that was not the case. We've learned that it was President Biden himself who brought him up. But you open the door, so I kind of want to walk through it. So news organizations, including NBC News, have sued. Where does that case stand right now? Where is it going to go? Well, it's just at the beginning, Tom, and when it was just a Freedom of Information Act case,
Starting point is 00:20:03 it looked like an open and shut case. They really had no leg to stand on. But now that the president has invoked executive privilege, that's a much more complicated lawsuit. And it seems likely that we won't see this audio, at least pursuant to this lawsuit, before the November election, which is exactly what the White House wants. And it's interesting to me that Merrick Garland, who has made so many decisions, independent decisions that have angered this White House. In this case, he's doing exactly what the Biden White House wants him to do. Let's go back to Republicans. So you have some reporting that Republicans essentially want these audio recordings because they want to use them in political ads. Do they want to do
Starting point is 00:20:38 anything else with them? Have they given any other reasons why this should be out there? Well, look, they believe that the president's memory issues are a real thing that the public needs to know about. And look, I've had private conversations with Republicans. From the moment they read the Her report, they were much more interested in Rob Heard's characterization of the president's memory than the classified documents issue at all. And so they've been seizing on this issue, and they, they, you know, James Comer, the chairman of the House Oversight Committee, has sent out a fundraising appeal based on the denial of these audio recordings saying it's important that the public hear these.
Starting point is 00:21:13 And it stands to reason that, of course, they're going to use them in political ads to try to embarrass President Biden because they're campaigning on the notion that he's too old and that his memory is failing. What have legal experts say, does this fall under executive privilege, or would this be new territory? Look, a lot of legal experts I've talked to say this would be a hard claim to sustain. When you've released the transcript of the interview, how could the mere audio be covered by executive privilege?
Starting point is 00:21:40 But, you know, that's something that's going to have to be litigated and it's going to take time, and time is on the side of the White House, which is trying to make sure that this audio is not released before the election time. So many different cases happening on both sides. Okay, Kendallan, we appreciate this. A major update tonight in Texas, Governor Greg Abbott issuing a pardon to former U.S. Army Sergeant Daniel Perry, who was convicted of murdering a Black Lives Matter protester back in 2020. You may remember during the height the protest in the wake of the murder of George Floyd, Perry drove into a crowd of demonstrators and shot Air Force veteran Garrett Foster, who was armed with an AK-47. Perry claimed it was self-defense. He was originally sentenced to 25 years, but tonight he is out of prison.
Starting point is 00:22:21 NBC Steve Patterson joins us with the update tonight from Los Angeles. Steve, what more do we know about the reasoning behind this move by the governor? So Tom, Governor Abbott says the pardon is justified, of course, by Texas's stand-your-ground law and comes after the Board of Pardons and Paroles review the case and then voted unanimously in favor of the pardon. Abbott asked the board to conduct an investigation in April of last year, and in a statement that we got today, the board said this, is saying, quote, it's investigative efforts. encompassed a meticulous review of pertinent documents from police reports to court records,
Starting point is 00:22:57 witness statements, and interviews with individuals linked to the case. I want to take you back. Again, last year, U.S. Army Sergeant Daniel Perry found guilty of murdering Air Force veteran Garrett Foster during July 2020 Black Lives Matter protest in Austin. Like you said, police say Foster was legally carrying a semi-automatic rifle when he approached an intersection where Perry was.
Starting point is 00:23:18 Perry then shot Foster from his vehicle. course, claiming self-defense. And then are we hearing tonight from the DA who worked to get Perry convicted? Yeah, we sure are. Look, District Attorney Jose Garza strongly, strongly condemned the pardon, calling it a mockery of our legal system. I can read you the quote. He went on to say, quote, their actions are contrary to the law and demonstrate that there are two classes of people in the state where some lives matter and some do not. And they've sent a strong message to Garrett Foster's family, to his partner, and to our community. This is continuing the
Starting point is 00:23:54 quote, that his life does not matter, ending the quote there. So strong words, of course, again, from the DA. Steve Patterson, with that breaking news out of Texas, Steve, we thank you for that. Still ahead tonight. The deadly chip challenge, you may have heard about this, but an autopsy has now confirmed a 14-year-old died from eating a spicy tortilla chip while having a pre-existing heart condition. The statement just in from the company that sold that chip and what parents need to know. Plus, the neighborhood shootout. Have you seen this video? This is just outside of Miami. Those are bullets flying into nearby homes, the father racing to protect
Starting point is 00:24:27 his daughter, who had just returned home from a cancer treatment. And talk about a master thief, how one man stole more than $5 million worth of merchandise and memorabilia from the famed master's golf tournament, including the iconic green jacket won by golf legend. Arnold Palmer. Stay with us. Back now with the terrifying barrage of bullets that rattled the Miami Gardens neighborhood overnight. At least five people armed with high-powered guns unloading dozens of them as residents slept. Homes, windows, and cars now little with bullets. NBC's Marisa Para has more.
Starting point is 00:25:14 A barrage of gunfire terrorizing neighbors in South Florida. Just after midnight for 15 seconds straight, the gunfire deafening and unrelenting. Spark seen lighting up the street as a silver car speeds past, which police say several suspects were targeting with high-powered weapons. The terrifying moments caught on home surveillance cameras in Miami Gardens, a city just north of Miami, nearby houses, cars bearing bullet holes, caught in the crossfire. There was at least, you know, 50, you know, 50 rounds. 68-year-old Luis Ribeira heard it all from his couch.
Starting point is 00:25:50 I ran to the bed, you know, to the bedroom. I told my wife, you know, my girl, my little one, stay down. He says his daughter, six years old, had just gotten home from cancer treatment. He was scared. She was crying. She didn't know what was happening. Seconds after the gunfire quieted, Ribeira says this silver car crashed into his fence. Three people seemed stumbling out in different directions.
Starting point is 00:26:13 Police still searching for answers on the shooting that, shockingly, they say. left no injuries. I want to show you something behind me. This is a car right outside of someone's house. And when you zoom in, you can see two bullet holes. And those are just the ones that you can see from this angle. I counted several others on the other side of that truck there. Now, we are in Miami Gardens, not to be confused with Miami.
Starting point is 00:26:34 And Miami Gardens, according to city data, has a crime rate that is one and a half times higher the national average. Police are still investigating what happened here overnight. So far, no leads. Tom. Okay, Marissa. In an update tonight in a story we first told you about last year, a new autopsy report showing a spicy tortilla chip was partly responsible for the death of a Massachusetts teen. The 14-year-old boy was participating in a social media challenge that also attracted the attention of celebrities and influencers. NBC's David Noriega has more.
Starting point is 00:27:06 2023 Paki One Chip Challenge. Cheers. It was a challenge that went viral on social media. Oh, I can't breathe. The brand Paki, creating what they called the spiciest chip in the world, containing Carolina Reaper Pepper and Naga Viper pepper, and challenging customers to eat it while seeing how long they can go without eating or drinking anything else. Even celebrities joined in. Oh, it was hot.
Starting point is 00:27:31 How you swallow it without any water? I know. That's part of the challenge. But now, an autopsy officially linking the chip with the death of a Massachusetts teenager in September 2023. 14-year-old Harris Woloba died from eating a large quantity of chili pepper extract and also had a congenital heart defect, according to autopsy results from the medical examiner's office. Anybody with underlying heart disease, and we know there's a lot of people out there that have a diagnosed heart disease, that were to eat these chips with high levels of cap station. It's a real risk factor for having a heart attack and having a heart set of beating. Harris's mother told NBC Boston at the time that he had a bad stomachache after a classmate gave him the chip. And he was sent to the nurse's office before going home, where he briefly felt better.
Starting point is 00:28:17 But hours later, Harris passed out and was taken to a nearby hospital where he was pronounced dead. Very quiet kid when you first meet him. Not a child of many words, very smiled, very positive. So it was definitely difficult. In a statement to NBC news, Paki writing, We were and remain deeply saddened by the death of Harris Woloba and extend our condolences to his family and friends. Paki's one-chip challenge was intended for adults only,
Starting point is 00:28:41 with clear and prominent labeling highlighting that the product was not for children or anyone sensitive to spicy foods or with underlying health conditions. The company adding that while they adhered to food safety standards, they pulled the product from shelves in September 2023. The website promoting the challenge has also been shut down. However, despite being connected to a death, the chips are still being sold on sites like eBay by third parties. We've reached out to eBay and have not heard back.
Starting point is 00:29:10 If I had my way, I'd like to see these chips off the market entirely. They should be pulled even from third-party websites. But it's important for people to stay vigilant to understand the limitations of what we can and cannot be eating. David joins us tonight live from Los Angeles. David, do we know if the family that lost their son is going to take legal action against the company? No legal actions so far, Tom, but personal injury attorneys who have commented on the case say that the family likely has grounds to at least pursue a lawsuit, especially given these new autopsy results. Now, the company's defense, of course, is that it clearly labeled the product as not for use by children or people with underlying
Starting point is 00:29:49 health conditions, both of which applied in the case of Harris-Wiloba. A potentially useful, you know, recent comparison point is the lawsuits against Panera over their charged lemonade products, several families have sued Panera for what they say are deaths caused by consuming that product. But those lawsuits, Tom, are still pending. And then, you know, it was kind of troubling that people can still buy these on eBay, what should parents do if for some reason their kids get around this and either have it on their fingers, ingest one, and they get nervous? Should they call 911? What's the first thing you're supposed to do? Yeah, so there's a couple of scenarios. If the only symptoms you're feeling are clearly
Starting point is 00:30:26 the result of the spicy food coming into contact with your mouth, then, you know, drinking milk is helpful in counteracting that. But if you have any other symptoms, particularly any kind of heart or lung symptoms, like an elevated heart rate, difficulty breathing, then that's a big red flag that potentially something deeper, something worse is going on. And in that case, for sure, what doctors say is call 911 and get seen right away. Okay, David Noriega, a lot of helpful tips there. When we come back, a tornado warning just issued for Houston. These are live pictures coming into our newsroom tonight.
Starting point is 00:30:57 Nearly two million people under alert. Bill Cairns, he's standing by tracking it for us. also trapped on board. The crew on the cargo ship Dolly, which crashed into the Francis Scottkey Bridge, they're still stuck on the boat. They've never left. Why they aren't able to evacuate in the conditions they're dealing with on board, even when that happened. Stay with us. Okay, we are back now with Top Stories News Feed, the wife of Senator Bob Menendez, revealing she has breast cancer as they both face bribery charges. Senator Menendez disclosing his wife's diagnosis during the first week of his criminal trial.
Starting point is 00:31:38 He says Nadine Menendez will need a mastectomy. The couple is jointly accused of accepting cash, gold, and luxury watches in exchange for favors for New Jersey businessmen and the governments of two countries. Dramatic video out of New York, NYPD, rescuing a man who fell into subway tracks during a seizure. Look at this. Body camp footage showing two officers racing. jumping onto the subway tracks to lift a man onto the platform ahead of a rapidly approaching train, transit workers and bystanders that are helping the officers get off the tracks and tend to the man lying on his side.
Starting point is 00:32:11 Medics took the man to the hospital. He is in stable condition tonight. Okay, and a man pleading guilty to stealing $5.3 million worth of merchandise and memorabilia from the masters. Authorities say Richard Globensky gained access to the items through his job as a warehouse assistant for Augusta National Golf Club in Georgia, where the Masters has been held since 1934. He even stole historic items like the green jackets worn by golf pros, Arnold Palmer, and Gene Seriz and Ben Hogan. We're turning now to some breaking news that's just coming in. A tornado warning now in effect for the Houston area.
Starting point is 00:32:44 More than one and a half million people on alert. Let's get right over to meteorologist Bill Karens. Bill, tell us what popped up on the radar tonight. Yeah, it's very rare to have this many people in a tornado warning. The total number is 1.9 million people. Sirens going off. You're grabbing your kids. Everyone's going to shelter. Remember, it's just after the 6 o'clock hour in the Houston area.
Starting point is 00:33:02 So it's the rush hour. There's everyone out on the roads. And this thunderstorm line is racing through. Even if there's not a tornado, we're going to have 80 to 90 mile per hour wind gusts. A lot of power out of just damages, damage is being done. So let's go in a little bit closer on this. And you can see the Houston area here. And you can just see how fast this line of storms just raced in. My radar was showing estimates of 80 to 90 mile per hour winds, regardless if there was a tornado in Arizona. it's going to feel like it anyways, and it's almost all the way through the Houston area. Now that tornado warning has been extended here to Pasadena, Cloverleaf, and heading towards Baytown. Again, this is radar indicated, not a confirmed tornado on the ground, but you get the idea. And all these little white dots on here, those are all lightning strike.
Starting point is 00:33:44 There's hundreds of lightning strikes with this line of storms that's going through. This is with this tornado watch until 7 p.m. Tom, if we get some updates in of any damage or what's going on in the Houston area with this, I'll let you up. Okay, we appreciate that, Bill. We now want to go to the latest on the key bridge collapse in Baltimore. Seven weeks after that bridge came crashing down, more than 20 of the original crew members who were on the cargo ship, Dolly at the time of the collapse, get this, they're still on board.
Starting point is 00:34:10 And earlier this week, they were below deck as emergency crews did this, detonated part of the bridge that was left sitting over the Dolly's bow. Again, the crew members were on the ship still. All right, for more on the conditions on board and what's next for those crew members. I want to get to NBC News correspondent George Solis. George, we've seen every inch of the top of this ship. Have we ever seen these people? Hey, Tom. Yeah, in short, no.
Starting point is 00:34:34 Only federal investigators, a few members of different unions and even some members of clergy that have been able to go and hold services for those crew members on board the Dolly have ever actually seen them. And as you pointed out, they were actually below deck when that explosion took place. They were safely on board. But up to this point, we still haven't gotten a good look
Starting point is 00:34:54 at these crew members. So it is one of those big questions still lingering once the ship gets back to the port of Baltimore, Tom. Yeah. And then George, you know, I want to ask you, keep this in context for us because we believe these aren't locals. We almost know that I think for certain. They're trapped in the port of Baltimore. These men are from other places around the globe thousands of miles away. Yeah, that's right. So last reported, these are people, these are crew members from India, from Sri Lanka. They have been on board there for these past. weeks, but mind you, these are professional seafarers. So they really haven't been necessarily cut off from the world, but they are far, far away from home. And up to this point, they've really
Starting point is 00:35:35 haven't had a whole lot of outside contact outside of maybe their phones and satellite communications that are on board the dolly that are still operational at this point. But keep in mind, professionals or not, keep in mind the weight of what they had to experience and what they have lived through. And obviously, the questioning from federal investigators, many of them, of course, concern that some of them may be personally held liable for what happened in this tragedy. But nevertheless, they expect to be treated the same way that perhaps American seamen would be treated if this tragedy had happened overseas. But again, the big question is, what will happen once they get back to the port top? And then why can't they just hold them somewhere like in a hotel?
Starting point is 00:36:12 Why do they have to hold them on the boat? Do we know? Yeah, Tom, I think I lost you there for a second, but if I understand, it has been weeks, and we do know that these crew members have not been evacuated yet because they are part of the ongoing investigation there on the Dolly, and they need to be there, especially when you consider what happened there with that detonation. These crew members are the ones that understand this ship the most. And so they needed to be there. So the expectation is they will stay there because they are essential to the functioning of this ship. And again, once they get back to the port of Baltimore, we'll see how much longer they actually stay here. But one of the things that we do expect is for them
Starting point is 00:36:59 to be able to return home fairly quickly once this investigation wraps up, Tom. And real quick, I know the unions for these men that represent these men are demanding they'd be let off the ship. Do we know what the conditions are like and how they're doing just, you know, in their headspace? Yeah, so we do know that the ship is fully stocked, and again, we've had people that have been able to visit the ship and provide some rations. Again, fortunately, the satellite communications on board the dolly are still working. And again, for some of them, the concern is that they're going to be held personally liable. But once investigators took their phones, there was obviously that high intention of concern of how they were going to stay in touch with loved ones. Our understanding from some of the unions we've been in touch with is that they were given new phones. Some of them even had their SIM cards return. But they have been without tablets, some entertainment for a while. So that in essence has cut them off from some of the things that might be able to keep them distracted from all of this. But again, keep in mind, these are professionals and they're used to being at sea for months at a time. And they are doing the essential work on the boat while all of this is still happening. So in short,
Starting point is 00:38:04 it's really hard to say what their entire mental status is. But we do know for the most part that they are still functioning and doing the work that needs to be done there day to day, Tom. for us on that Baltimore Bridge Collapse. George, we thank you. Tonight in the America is a new development in the migrant crisis at the border. In an NBC News exclusive report, our team finding a new effort from Mexico
Starting point is 00:38:27 actually curbing the surge in crossings at the U.S. border. The country stopping nearly three times as many migrants crossing its southern border as it did last year. For more on this shift, NBC's Homeland Security correspondent Julia Ainsley, who first reported this story, joins us tonight.
Starting point is 00:38:43 Julia, great to have you on Top Story. Let's start first with some numbers, right? Early last year, Mexico was interdicting roughly 100,000 migrants per month compared to more than 193,000 migrants in the U.S. But this year, more migrants are being stopped inside Mexico than in the U.S. over 280,000 in Mexico compared to 189,000 in the U.S. in March. So my question is, we saw an influx in migrants last year, but Mexico wasn't apprehending as many.
Starting point is 00:39:13 Why is the country stepping up now just before an election? Well, look, yes. This is a very important issue, obviously, in the U.S. elections, because this is an issue that Trump continues to deride Biden on, that he's not doing enough on the border. But the Biden administration strategy on immigration has been to try to look in the entire hemisphere, talking to countries like Mexico to say, look, this will affect you, too. We have the most number of displaced people. across the world at any time since World War II, and if countries don't start to step up
Starting point is 00:39:46 and interdict more people before they come to the U.S. border, they think it'll be a problem for everyone. So that has been the message that Biden administration has gotten to be very clear on to Mexico over and over again. There were some high-profile talks in December when Secretary Majorcas of Homeland Security and Secretary of State Anthony Blinken went to Mexico, talked to their counterparts, as well as calls between President Biden and President Amlo trying to come to an agreement to say where Biden is pushing the idea they need to do more. And so this is the White House saying, look, maybe our strategy, at least in part, has paid off. Well, Julie, I do want to ask you about that, right? I want to hone into this a little bit more,
Starting point is 00:40:23 actually. What do you think it was? Do you think it was just Mexico starting this a little bit too late? Or did the U.S. come with these proposals too late? Because the Biden administration has now been at this nearly four years, and you've got to wonder, why is this happening just before an election in November? I think that it was increased conversations, increased pressure. They've been talking about a lot of things like fentanyl and arms trafficking. The relationship has gotten stronger. It also matters more now who gets elected.
Starting point is 00:40:53 You could see it, although I don't have the reporting on this, but you could see it as a political calculation. They would rather have someone like Biden in office than someone like Trump, who forced policies much more aggressively, like remain in Mexico, threatening to increase tariffs and to really disrupt the trade relationship between Mexico and the United States. They could see Biden as a more favorable president and want to do more to help on this issue. Now, whether or not that's at play here, I don't have the reporting, but it's easy to put out the political tea leaves on this, Tom. Yeah, it's the other thing. Right, yeah, I was going to say it's an incredibly smart analysis. I also know you have new reporting, new numbers showing the border encounters continue to remain low in the last couple of months.
Starting point is 00:41:32 What is Mexico doing that is helping keep those numbers down and or the U.S.? Well, they are definitely doing more. You can see from those interdiction numbers. they're doing is they will take migrants from northern Mexico and bust them to southern Mexico, not actually deporting them or removing them from the country in any way, but it just makes it harder to access the asylum system at the U.S. border. Now, immigration advocates say that's Mexico doing the dirty work of the United States, and they think that that's wrong.
Starting point is 00:41:59 Those people deserve the right to come to the U.S. border and claim asylum there and to get it if it's merited to them. But what this shows us is that those very high numbers from Mexico means it. that if Mexico stops doing these efforts or they run out of funds like they did in December, we could look at more than doubling the number of migrants arriving on the U.S. southern border. So you can look at it both ways here. You can look at it as good news for the Biden administration. You could look at it as bad news for asylum seekers,
Starting point is 00:42:26 but you could also see it as really a ticking time bomb if Mexico isn't able to keep up these levels. And I'm already told Tom they are stretched thin. You know, I want to ask you about something that happened with the immigration crisis, really in the entire region this week that got some headlines, but a lot of people in the U.S. may have missed it. And it was this incredibly bold statement from the president-elect of Panama, saying that he's going to close down the Darien Gap and the amount of people coming through there. I mean, we're talking about a jungle area.
Starting point is 00:42:54 We've talked about this area a lot, the area between Colombia and Panama, where tens of thousands, if not hundreds of thousands of Venezuelans have come through there, and many migrants sort of travel through this region. It's sort of an open way into this part of the world. How would they be able to close that area? That is a big question. And I think that's why a lot of people have been doubting what the president-elect is saying about how exactly he could close that very treacherous gap that's really just jungle between Colombia and Panama.
Starting point is 00:43:23 We know it's a path that has gotten easier for migrants to traverse. They now can get through it in a matter of days rather than weeks. It is still very dangerous, though. But how exactly he could keep migrants from coming through that area remains to be seen, especially if they don't have the agreement of Colombia, which is where those migrants enter that dangerous place to begin with. Julia Ainsley for us tonight. Julie, we thank you for all your reporting.
Starting point is 00:43:47 Thanks, Tom. All right, time now for Global Watch and a check of what else is happening around the world. We start with the latest on that attempted assassination of Slovakia's prime minister. Authorities saying the suspect has been charged with attempted murder. They believe he acted alone and that the attack was premeditated. Officials say he listed government policies and the media as his motives. As we reported yesterday, Prime Minister Robert Feckel was shot five times in broad daylight. He's still hospitalized but is expected to survive.
Starting point is 00:44:17 Okay, the U.S. imposing visa sanctions on government officials in Nicaragua. The sanctions targeting more than 250 officials, including police officers, judges, and members of the military. The U.S. says the sanctions are in response to alleged human rights abuses by Nicaragua's government and for failing to stop the smuggling of migrants through the Central American country. And a taco stand in Mexico City has become the first to receive the prestigious Michelin Star.
Starting point is 00:44:43 The 10-foot-by-10-foot eatery is located in the San Rafael neighborhood where it has been for more than 50 years. It's a family-run business that only serves four types of meat tacos for five bucks. It now joins a list of only 18 restaurants in Mexico to earn one or two stars
Starting point is 00:44:59 from the French Dining Guide. Okay, coming off, A dying man's last wish. A very special story. The new use of AI technology to preserve a lasting relationship with his family once he's gone. That's next. Welcome back. It's a tough question, but maybe one you've asked yourself. How will you be remembered once you're gone? Will it be through treasured photos in a scrapbook or home movies? Well, one German man with weeks left to live is leaving behind something new for his his family. And AI trained on his voice and his memories. NBC's Priya Shrether explains.
Starting point is 00:45:41 Closure for Michael Bomber started about eight weeks ago. I posted on social media a message that it's now time for people to say goodbye. Doctors told Michael his colon cancer is terminal. But one phone call from an old colleague who works in AI changed his perspective on saying goodbye. And I spoke to him. I said, Michael, you know, I've been working on this thing called Eternos. And I explained it. He goes, oh, I've been thinking like, what if I could be an AI? And I didn't think it was possible. Robert LaCazio has spent a year developing the technology behind Eternos dot life. I thought about how do you really replicate someone and especially their emotional voice. He got to work capturing Michael's voice and memories. A small phrase is like, hey, how are you today? Or, oh, no kidding. That happened. to you. And then stories about the different part of my life, early part, middle part, late part. We capture all that and then we make that into an AI. The final product blew Michael away.
Starting point is 00:46:45 And he was just like, wow. But he said, you know, hang on one second. Let me get my wife. She'll be the real testis. And she came in. She started to speak with it. Hello, Annette. I'm so glad to have the opportunity to chat with you. You bring so much joy and happiness into my life. And I want you to know much I appreciate you. Your presence brightens up my day. We all cried, you know, and I was like, I've been in technology for 30 years, but I've never been in a place where, like, that, you know, humanity and technology and the emotion of it. And she was just thinking, my God, it's him. For the technologically minded Michael.
Starting point is 00:47:20 I'm not a memorial writer at all. Who has always enjoyed his role as the family storyteller. This now gives me the opportunity to leave something behind. He's at peace knowing a part of his voice. and memories can be passed on. We visited Tahiti, Moriah, and Porabura, and it was such an incredible experience. The crystal clear turquoise waters, the stunning overwater bungalows. We had the chance to relax, explore, and create beautiful memories together.
Starting point is 00:47:50 I still love reminiscing about that trip and all the special moments we shared. I feel closer, but at least from the preparation, I prepared everything I was able to prepare. prepare for it to be able to be passed on. Priya Shrether, NBC News. What an incredible story. We also want to thank Michael first for letting us in and showing the world that technology because it is just so amazing and also giving us his time at this very tough point in his life.
Starting point is 00:48:19 We're going to be right back. Finally, tonight, it's Asian American and Pacific Islander Heritage Month. And tonight we're shining a spotlight on one creator, reimagining a amazing. American childhood classics like Pop Tarts and the Happy Meal, using flavors he grew up with in his Taiwanese American home. Our Stephen Romo spoke to Frankie Gaugh about what he's cooking up. Remember luncheables? Well, what if they look like this instead?
Starting point is 00:48:47 Could you imagine how many immigrant kids you get made fun for their stinky lunches? Frankie Gaugh is on a mission to revamp American childhood staples. Why be the kid with a stinky lunch when you can have an entire cafeteria full of stinky lunches? The former product designer doesn't call himself a professional chef, but he definitely has a knack for cooking. He founded the food blog, Little Fat Boy, with recipes that center his Taiwanese-American upbringing. Walking around a grocery store, like, it's literally exactly the scene as I remember when I was in first grade. His latest series, Turning American Classics Asian, is taking it to the next level. How are you describing to someone who hasn't seen them?
Starting point is 00:49:23 What would it be like if a legacy brand like Lutchables diversified their brand and explored other cultures products? oolong and macha-flavored twinkies, like capitalizing on different flavors from around the world, to toasted sesame Cheerios to start an Asian American cereal brand. Even the Happy Meal got a makeover by Gaw. The Granny Meal, where each box is curated by a grandma featuring everything she'd make for you. Not only focusing on preparing the food, but also mocking up how the company could package the new items. And for this child of the 90s from the Midwest, this is also about self-reflection. I grew up in Ohio, so I was like one of the only Asian kids. I left a lot of. lot of my culture at home. And then when I was in school, I was very much an American kid.
Starting point is 00:50:05 So I very much separated those two identities. What would you tell maybe your eight-year-old self about 2024 Frankie and what you're doing? Being Asian meant that I had to stand out when my whole goal as a kid was like literally to blend in. I feel like if I could go back to that kid, I'd be like, you know, your differences and like the things that make you, you are actually like are unique and special. Goh, reimagining what American childhood could look like for immigrant children through food. Hopeful that one day his creations will hit the shelves at a supermarket near you. Stephen Romo, NBC News.
Starting point is 00:50:40 All right, we thank Stephen Romo for that one, and we thank you for watching Top Story. I'm Tom Yamas in New York. Stay right there. More news on the way.

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